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3000 Rockefeller Ave.MS 604 Snohomish Count Planning and Development Services
<br /> Everett,WA 98201 Y g
<br /> 1-800-562-4367 Right-of-Way Permit D8 - Utility
<br /> 425-388-3311
<br /> 13.01.030 Engineering Design and Development Standards (EDDS)
<br /> All work performed under any permit issued under this title shall conform to the Engineering Design and Development Standards
<br /> 13.10.090 Defense, hold harmless, and indemnification
<br /> Grantee agrees to indemnify, defend, and hold harmless Snohomish County, its elected and appointed officials, employees,
<br /> authorized agents, and volunteers (collectively, the"County Parties")from and against any and all claims, demands, liabilit y, suits,
<br /> and judgments, including costs of defense thereof, for bodily injury to persons, death, or property damage arising out of the acts or
<br /> omissions related to activity conducted under this Permit by Grantee or its directors, officers, authorized agents, employees ,
<br /> contractors, subcontractors, or licensees (collectively, the"Grantee Parties"). Grantee shall cooperate with the County while
<br /> conducting its defense of the County and shall select counsel who does not have a conflict of interest with the County. Grant ee's
<br /> indemnification obligations shall extend to any settlement made by Grantee. Grantee's indemnification, defense, and hold harml ess
<br /> obligations shall survive the expiration, abandonment, or termination of this Permit.
<br /> If activity conducted under this Permit is subject to RCW 4.24.115, liability for damages arising out of bodily injury to persons, death,
<br /> or property damage caused by or resulting from the concurrent negligence of the Grantee Parties and the County Parties, Grant ee's
<br /> liability shall be only to the extent of Grantee Parties' negligence.
<br /> This indemnification by Grantee is in addition to the indemnification provisions of any utility franchise agreement between G rantee
<br /> and Snohomish County. To the extent this indemnification conflicts with the util ity franchise agreement, the language of the utility
<br /> franchise agreement shall control.
<br /> 13.10.150 Assignments
<br /> No permit or any rights thereunder to move, haul, place or construct objects or features within the right -of-way may be transferred,
<br /> assigned or sublet. Rights to use the right -of-way for objects or features placed or constructed within the right -of-way under a valid
<br /> permit that are of a permanent nature and associated with the use of real property may be transferred by the permittee with title to the
<br /> associated real property, unless otherwise stated in this title or noted on the permit.Any conditions attahed to the permit for continued
<br /> maintenance of the objects or features by the permittee, and continued provision of protection and security to the county iraccordance
<br /> with SCC 13.10.090, SCC 13.10.100 and SCC 13.10.106 shall also be transferred.
<br /> 13.10.160 Renewals
<br /> (1)Type A, Type C and Type D7 permits may not be renewed. All other Types of right -of-way permits may be renewed a s allowed
<br /> by this title.
<br /> (2)Where renewal of a permit is permitted, the renewal shall be:
<br /> (a)Limited to one renewal;
<br /> (b) Applied for within 30 days of the expiration of the original permit on an application form provided by the department;
<br /> (c) For a time period no longer than the duration of the original permit; and
<br /> (d) The duration of the renewal shall be calculated from the expiration date of the original permit.
<br /> (3) Fees for permit renewals shall be 50 percent of the total fees as provided in chapter 13-110 SCC; except that the fees for renewal
<br /> of Type B1, B2, B3 and B4 permits shall be determined at the engineer's discretion but in an amount not to exceed the total fees
<br /> for the original permit.
<br /> (4) Any application to renew a permit shall be reviewed by the engineer, who may approve, deny, or approve with conditions,
<br /> regardless of whether or not such conditions were contained in the prior permit.
<br /> (5) In addition to any other conditions imposed by the engineer, an application for a renewal must satisfy the following:
<br /> (a) Continued use of the right-of-way is essential to complete the work or activity previously authorized;
<br /> (b) The permit holder has complied with the conditions of the prior permit and all other applicable requirements;
<br /> (c) All required fees, charges and performance deposits have been paid by the permittee;
<br /> (d) All required insurance certificates and performance securi ty have been filed with the county and will continue to be in effect
<br /> through the requested renewal period, and, where required, beyond said period; and
<br /> (e) Continuation of the private use of the public right-of-way shall not adversely affect the public hea Ith, safety or welfare.
<br /> (6) Renewal of a Type D permit whose expiration is tied to related title JQ SCC land disturbing activity or construction permit(s), shall
<br /> be renewed at the same time, and may have the same expiration date, as the associated title 30 SCC land disturbing activity
<br /> permit(s).
<br /> 13.10.170 Suspension or revocation.
<br /> (1) The engineer may suspend or revoke any permit by giving the permittee written notice thereof if:
<br /> (a) The permit was procured by fraud or misrepresentation;
<br /> (b) Construction or existence of the permitted activity creates an unsafe condition with respect to the public, public property, any
<br /> abutting property, or other property, person, or thing lawfully in the right-of-way;
<br /> (c) The permittee has breached any provision of the permit and has not cured such breach after being given written notice to do
<br /> so by the engineer;
<br /> (d) The permittee has failed to comply with any provision of this title or any other applicable law, statute, code provision, or
<br /> regulation;
<br /> (e) The permittee has failed to pay any costs, penalties or fees imposed pursuant to this title; or
<br /> (f)The permittee has permitted or maintained any nuisance on, in, under or over the right-of-way.
<br /> (2) Upon suspension or revocation of any permit, the permittee shall remove any material placed on, over, under or in the right-of-way
<br /> by the permittee and restore the right-of-way to such condition as existed immediately prior to the permittee's commencement of
<br /> work under the permit at issue. If after reasonable notice by the engineer, the permittee fails to do so, such restoration work may
<br /> be performed by the county to the extent deemed appropriate by the engineer at the sole cost of the permittee. The engineer
<br /> may take any steps the engineer deems appropriate to collect such costs and all costs of co Ilection, including reasonable
<br /> attorney's fees.
<br /> RCW
<br /> Per Section 19.122.030(3) RCW The County can provide available information as to the location of County owned storm drainage
<br /> systems in the public rights of way. The information is available at the Public Works Public Service County or by visiting:
<br /> http://www.co.snohomish.wa.us/PWApp/SWM/drainage_maps/index.html
<br /> Permitee shall comply with the call before digging requirements in Title 19 RCW.
<br /> s:dre\rowWp\title forms\Title 13 permit back page 2MO
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